CHAPTER 27 OFFENSES ARTICLE I - DEFINITIONS

Transcription

1 CHAPTER 27 OFFENSES ARTICLE I - DEFINITIONS MEANINGS OF WORDS AND PHRASES. For the purpose of this Chapter the words and phrases of the Illinois Compiled Statutes, Chapter 720, Sections 5/2-1 through 5/2-11; 5/2-13 through 5/2-16; 5/2-19 and 5/2-20, as approved, adopted and amended are hereby adopted by the City, as fully as if set out herein CRIMINAL CODE ADOPTED. The Illinois Criminal Code, Illinois Compiled Statutes, Chapter 720, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the City; the provisions thereof shall be controlling within the corporate limits of the City; provided, however, the penalties as provided by this Code shall apply. (See 65 ILCS Sec. 5/1-3-2)

2 ARTICLE II - GENERALLY DISTURBING LAWFUL ASSEMBLIES. It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose by any offensive behavior, or by any disorderly conduct. (See 65 ILCS Sec. 5/11-5-2) UNLAWFUL ASSEMBLY. (A) Whenever six (6) or more persons, any of them armed with clubs or dangerous weapons, or thirty (30) or more persons armed or unarmed are unlawfully, riotously, or tumultuously assembled in the City, it shall be the duty of each of the City Police Officers to go among the persons so assembled, or as near them as safety will permit, and in the name of the State command them immediately to disperse; and if they do not obey, every person refusing to disperse shall be deemed guilty of unlawful assembly. (B) When persons so unlawfully assembled neglect or refuse on command to disperse, it shall be the duty of the Police to forthwith suppress such assembly and disperse the person composing it in such a manner as may be most expedient. (See 65 ILCS Sec. 5/11-5-2) DISTURBING THE PEACE. No person shall disturb the good order of society, or the peace of any private family, or of any congregation within the City by any noise or amusement, or by vulgar or profane language, or by any disorderly or immoral conduct. (See 65 ILCS Sec. 5/11-5-2) SALE OF CIGARETTES OR TOBACCO TO MINORS. It shall be unlawful for any person(s) to sell, buy for, or furnish any cigar, cigarette, or tobacco in any of its forms to any minor under eighteen (18) years of age unless upon the written order of the parent or guardian POSTING BILLS. It shall be unlawful for any person to paste, pose, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate; provided, however, that this Section shall not prevent posting by proper City and County officials.

3 INTOXICATION IN PUBLIC. No person shall, in the City, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this City or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the City, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner. The penalty for the first offense shall be not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). A person committing a second offense shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). (See 65 ILCS Sec. 5/11-5-3) BEGGING. No person shall beg or solicit alms within the City without having obtained permission in writing from the Mayor. (See 65 ILCS Sec. 5/11-5-4) CONCEALED WEAPONS. No person shall, within the City, carry or wear under his clothes, or concealed about his person, any pistol or colt, or sling-shot, or cross knuckles or knuckles of lead, brass or other metal, or any switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon. This Section does not apply to the officers or members of the Police Department, nor to any sheriff or deputy sheriff or constable of this State, nor to any United States Marshal DISCHARGE OF FIREARMS. Except for the discharge of any firearm or air gun in any area which was annexed into the City after October 4, 2010, it shall be unlawful to discharge any firearm or air gun in the City or so that the bullet, missile or projectile therefrom enters the City without written permission from the Mayor, provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor to any citizen to discharge a firearm when lawfully defending his personal property. (Ord. No. 1620; GAMES IN STREET. No person shall, upon any City street, fly any kite or play any game of ball or engage in any amusement or practice having a tendency to injure or annoy any person passing in the streets or on the sidewalks STORAGE OF EXPLOSIVES. (A) Nitroglycerine; Dynamite, Etc. No person shall have, keep, possess, or store at or in any place within the City, any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.

4 (B) Blasting Powder, Etc. No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the City in any quantity exceeding five (5) pounds. (See 65 ILCS Sec. 5/11-8-4) THROWING ROCKS. No person in the City shall throw or cast any rock or stone or any other missile upon or at any building, or other public or private property, or at any person in any street, avenue, alley or public place DESTRUCTION OF PUBLIC PROPERTY. No person in the City shall deface, destroy, or in any way, injure any public property, or any other apparatus of the City DISCARDED REFRIGERATORS. It shall be unlawful for any person, firm or corporation to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control in a place accessible to children, any abandoned, unattended, or discarded ice box, refrigerator, or other container which has an air-tight door or lid, snap-lock or other locking device which may not be released from the inside without first removing the door or lid, snap-lock or other device from the ice box, refrigerator or container. (See 20 ILCS Sec. 505/1) HALLOWEEN. It shall be illegal for any person to engage in Halloween practice, commonly called Trick or Treat, by calling at the homes or dwelling places within the City, either masked or unmasked, except upon the designated two (2) days established by the City Council. (See 65 ILCS Sec. 5/ ) CURFEW ESTABLISHED. (A) It is unlawful for a person less than eighteen (18) years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least twenty-one (21) years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this State authorize a person less than eighteen (18) years of age to perform: (1) Between 12:01 A.M. and 6:00 A.M. Saturday. (2) Between 12:01 A.M. and 6:00 A.M. Sunday. (3) Between 11:00 P.M. on Sunday to Thursday, inclusive; and 6:00 A.M. on the following day.

5 (B) Parent's Responsibility. It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate paragraph (A) of this Section. (C) Penalty. A person convicted of a violation of any provision of this Section shall be guilty of a petty offense and shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00). (Ord. No. 865; ) USE OF FIREWORKS; EXCEPTION. It shall be unlawful to sell, buy, or use fireworks, firecrackers, torpedoes, Roman candles, skyrockets, and any and all other pyrotechnic displays at any time, place or occasion, within the City provided, however, that the Mayor may upon application, grant to any Civic, Patriotic, or other substantial organization or committee, the right to use such fireworks at a specific time and place upon satisfactory assurance that the use of same will be properly and reasonably supervised. The group shall provide the City with an acceptable insurance policy to cover the event. (Ord. No ) TRASH BARREL REGULATIONS. It shall be unlawful for an owner or tenant of real estate to keep or place in the front yard of the property in which they are in the possession of a burning barrel, a trash container, and/or a garbage receptacle, provided that nothing contained herein shall prevent the placing of the said barrels, containers or receptacles in the front yard on the day of trash pickup. (Ord. No. 1385; ) MINORS PROHIBITED FROM BUYING TOBACCO PRODUCTS. (A) Unlawful Sales. It shall be unlawful for any person, corporation, or business to sell, buy for, furnish, exchange, or give away any cigarettes, cigars or other tobacco products in any form to minors under the age of eighteen (18) years. (B) Possessing Tobacco Products. No minor under the age of eighteen (18) years shall have in his or her possession any type of cigarettes, cigars or other tobacco products, provided that it shall not be a violation of this Section for any person under the age of eighteen (18) years to possess tobacco or any of its products while in the presence of his or her parent or guardian, or in the performance of a religious ceremony, or while participating in a theatrical performance. (C) Penalty. Any person who violates this Section shall be guilty of a petty offense and for the first offense shall be fined an amount not to exceed the sum of Seventy-Five Dollars ($75.00) and for any second or subsequent offenses shall be fined an amount not to exceed the sum of Five Hundred Dollars ($500.00). (Ord. No. 1410; )

6 ARTICLE III OFFENSES AGAINST PROPERTY PETTY THEFT. A person commits a petty theft when the value of the property is under Three Hundred Dollars ($300.00) and he knowingly: (A) obtains or exerts unauthorized control over property of the owner; or (B) obtains by deception, control over property of the owner; or (C) obtains by threat, control over property of the owner; or (D) obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen; and (1) intends to deprive the owner permanently of the use or benefit of the property; (2) knowingly uses, conceals or abandons the property in such a manner as to deprive the owner permanently of such use or benefit; (3) uses, conceals or abandons the property, knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit. (E) It shall be unlawful to commit a petty theft. (See 720 ILCS Sec. 5/16-1) CRIMINAL DAMAGE TO PROPERTY. Any of the following acts by a person shall be a violation of this Code. (A) To knowingly damage any property of another without his consent; or (B) recklessly, by means of fire or explosive, damage property of another; or (C) knowingly start a fire on the land of another without his consent; or (D) knowingly injure a domestic animal of another without his consent; or (E) knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby, intend to interfere with the use by another of the land or building. (See 720 ILCS Sec. 5/21-1)

7 CRIMINAL DAMAGE TO FIRE-FIGHTING APPARATUS, HYDRANTS OR EQUIPMENT. No person shall willfully and maliciously cut, injure, damage, tamper with or destroy or deface any fire hydrant or any fire hose or any fire engine, or other public or private fire-fighting equipment or any apparatus appertaining to such equipment, or to intentionally open any fire hydrant without proper authorization. (See 720 ILCS Sec. 5/21-1.1) INJURY TO UTILITY WIRES AND POLES. It shall be unlawful to willfully, maliciously, or negligently break, deface, injure or destroy any telegraph or telephone pole, post or wire, or any electric lightpost, pole, or electric conductor, wire or lamp or any other thing connected with the same or belonging thereto, or any water main, gas main, pipe or hydrant or lamp or lamppost, or anything belonging to or connected therewith or with any of them STREET SIGNS; MOLESTING OF PROHIBITED. It shall be unlawful for any person or persons, in any manner or form, to deface, disfigure, damage or molest any of the street signs or parts thereof located in the City.

8 ARTICLE IV PUBLIC HEALTH, SAFETY AND DECENCY DISORDERLY CONDUCT; ELEMENTS OF THE OFFENSE. A person commits disorderly conduct when he knowingly: (A) does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or (B) with intent to annoy another, makes a telephone call, whether or not conversation thereby ensues; (C) transmits in any manner to the Fire Department of any city, town, village or fire protection district, a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or (D) transmits in any manner to another a false alarm to the effect that a bomb or other explosive device of any nature is concealed in such a place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive device is concealed in such a place; or (E) transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or (F) enters upon the property of another and for a lewd or unlawful purpose, deliberately looks into a dwelling on the property through any window or other opening in it. (See 65 ILCS Sec. 5/ and 720 ILCS Sec. 5/26-1) RESISTING OR OBSTRUCTING A PEACE OFFICER. A person commits an offense when that person knowingly resists or obstructs the performance of any authorized act of one known to the person to be a peace officer within that peace officer's official capacity. (See 720 ILCS Sec. 5/31-1) REFUSING TO AID AN OFFICER. A person who refuses or knowingly fails, upon command, to reasonably aid a person known by him to be a peace officer in the following commits a misdemeanor: (A) apprehending a person whom the officer is authorized to apprehend; or (B) preventing the commission by another of any offense. (See 720 ILCS Sec. 5/31-8)

9 ASSEMBLING AT PUBLIC PLACES AND BUSINESSES. (A) Drive-in Business. A drive-in business within the meaning of this Code shall be deemed to be any business where meals, sandwiches, cold drinks, beverages, ice cream, food, drink, or consumer services are served directly to or are permitted to be consumed by patrons in or upon automobiles, motorcycles, or other vehicles parked on the premises. (B) Declared Public Places. For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in business, together with means of ingress or egress, are hereby declared to be a public place; (1) No person on the premises of a drive-in business shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop, any motor vehicle, blow any horn of any motor vehicle, or cause to be made any loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises or the neighborhood are disturbed. (2) The following acts or conduct of any persons entering a drive-in business or premises are hereby declared to be unlawful, and any person found guilty of any such acts shall be guilty of a violation of this Article: (a) Entering the premises of any drive-in business with any motor vehicle of any description and parking such vehicle and leaving the premises (thereby leaving such vehicle parked and unoccupied), without express consent of the owner or operator of such business in which event, such motor vehicle shall be subject to a parking citation or may be impounded subject to the usual impounding charges. (b) Entering the premises in or upon a motor vehicle and using said premises for cruising, racing as a shortcut to another street or to annoy or endanger any person or persons or other vehicle or vehicles lawfully on said premises. (c) For three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in business, other than in the building or in a legally parked motor vehicle. (d) For any person who, while on the premises of any drive-in business, in the presence or hearing of another, to curse or abuse such person or use any violently abusive language under circumstances reasonably calculated to provoke a breach of the peace. (e) Loitering shall mean remaining idle in essentially one location and shall include the colloquial expression hanging around. Certain types of loitering are

10 prohibited to the effect that no personal shall loiter in a public place in such a manner as to: (i) Create or cause to be created a danger of a breach of peace; (ii) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person; (iii) Obstruct the free passage of pedestrians or vehicles; (iv) Obstruct, molest or interfere with any person lawfully in any public place. Whenever the presence of any person in any public place is causing or likely to cause any of the conditions enumerated herein, any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this Section. (Ord. No. 1487; ) (C) Posting Sign. It shall be the responsibility of the business operator to post on the premises in a conspicuous location, one (1) or more signs bearing the following legend in letters at least two (2) inches or more in height and readable: CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED MOTOR VEHICLES MAY BE LEFT ON THE PREMISES WITHOUT THE CONSENT OF THE OWNER. (See 65 ILCS Sec. 5/11-5-2) PUBLIC URINATION. It shall be unlawful for any individual to urinate while on public property except in a facility provided for such usage. (Ord. No. 1458; )

11 ARTICLE V - ANTI-LITTER DEFINITIONS. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings given herein: CONSTRUCTION SITES means any private or public property upon which repairs to existing buildings, construction of new buildings or demolition of existing structures is taking place. HANDBILL is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by the United States Mail Service, including, but not limited to those which: (A) advertise for sale any merchandise, product, commodity or thing; or (B) direct attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or (C) direct attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit. LITTER is garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. LOADING AND UNLOADING DOCK means any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons located on or adjacent to any stream, river or land. PRIVATE PREMISES means all property including, but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox, and other structures appurtenant thereto. PUBLIC PLACE means any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses, or fountains and any and all public parks, squares, spaces, grounds, and buildings. PUBLIC RECEPTACLES means any receptacles provided by or authorized by the City. VEHICLE is every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.

12 LITTERING PROHIBITED. No person shall deposit any litter within the City except in public receptacles, in authorized private receptacles for collection, or in any duly licensed disposal facility PREVENTION OF SCATTERING. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises RECEPTACLES - UPSETTING OR TAMPERING. No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises SIDEWALKS AND ALLEYS FREE FROM LITTER. Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter OWNER TO MAINTAIN PRIVATE PREMISES. The owner or person in control of any private premises shall, at all times, maintain the premises free of litter LITTERING FROM VEHICLES. (A) No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises. (B) No person shall drive or move any loaded or partly loaded truck or other vehicle within the City unless such vehicle is so constructed or so loaded as to prevent any part of its load, contents or litter from being blown or deposited upon any public place or private premises. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any public place or private premises, mud, dirt, sticky substances, litter or foreign matter of any kind LITTERING FROM AIRCRAFT. No person in an aircraft shall throw out, drop or deposit any litter within the City.

13 LITTER IN PARKS. No person shall deposit litter in any park within the City except in receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner HANDBILLS. (A) Public Places. No person shall deposit or sell any handbill in or upon any public place, provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute without charge to the receiver, any handbill to any person willing to accept it. (B) Private Premises. No person shall deposit or unlawfully distribute any handbill in or upon private premises, except by handing or transmitting any such handbill directly to the occupant of such private premises. Provided, however, that in case of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or other private premises, except mailboxes may not be so used when prohibited by federal postal law or regulations. (C) Exemptions for Newspapers and Political Literature. The provisions of this Section shall not apply to the distribution upon private premises only of newspapers or political literature; except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or other private premises. (D) Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution POSTING NOTICES PROHIBITED. No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public upon any public place, except as may be authorized or required by law. No person, except the owner or tenant shall post any such notice on private property without the permission of the owner or tenant CONSTRUCTION SITES. (A) Each contractor shall be responsible for the job site so that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises.

14 (B) Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises, shall be removed by the contractor LOADING AND UNLOADING DOCKS. The person owning, operating, or in control of a loading or unloading dock shall maintain private receptacles for collection of litter, and shall, at all times, maintain the dock area free of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises PARKING LOTS. (A) Litter Receptacles Required. Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles in compliance with this Section. Such premises shall include, but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartment developments, parking lots, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose. (B) Number of Receptacles. All premises having parking lots shall provide in an easily accessible location a minimum of one (1) refuse container for every fifty (50) parking spaces. (C) Specifications. Litter receptacles shall have tight-fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as necessary to prevent spillage. A minimum container size of twenty (20) gallons or 75.7 liters shall be used. (D) Cleanliness. Premises used for the purpose designated herein shall be kept in a litter-free condition and all litter shall be removed periodically from the receptacles. (E) Obligation to Use Receptacles. It shall be the duty and obligation of all persons using parking areas to use such litter receptacles as hereinabove provided for the purposes intended and it shall be unlawful for any person or persons to deposit any litter upon any such parking lot CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY THE CITY. The procedure for the removal of litter from private premises and the charging of expense(s) thereof as a lien upon such property to be collected shall be in accordance with the state statutes. The Mayor or his designated representative shall be responsible for the implementation of this enforcement program. (See 65 ILCS Sec. 5/ )

15 ARTICLE VI - TRESPASS TRESPASSES PROHIBITED. It shall be unlawful for any person, firm, or corporation to commit a trespass within this municipality upon either public or private property SPECIFICALLY ENUMERATED TRESPASSES - SUPPRESSION. Without constituting any limitation upon the provisions of Section hereof, any of the following acts by any person, firm, or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of Section , and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Article; the aforesaid enumerated acts so included, being as follows, to-wit: (A) An entry upon the premises of another, or any part thereof, including any public property, in violation of a notice posted or exhibited at the main entrance to the premises, or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof; or (B) the pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to the premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or (C) a failure or refusal to depart from the premises of another in case of being requested, either orally or in writing to leave by any owner or occupant thereof; or (D) an entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right. (See 65 ILCS Sec. 5/11-5-2)

16 ARTICLE VII PARENTAL RESPONSIBILITY REGULATIONS DEFINITIONS. For the purpose of this Article, the following definitions shall apply: ACTS OF VANDALISM AND SIMILAR OFFENSES shall include any of the following acts: (A) Maliciously, recklessly, negligently, or knowingly damaging or destroying or defacing any property within the City, whether such property is owned by the State, County or governmental body or owned by any private person, firm, partnership, or association; or (B) maliciously, recklessly, or knowingly, by means of fire or explosive device, damaging, debasing, or destroying any property of another person; or (C) maliciously, recklessly, negligently or knowingly starting a fire on land of another person without his consent; or (D) maliciously, recklessly or knowingly depositing on land or in the building of another person, without his consent, any stink bomb or any offensive smelling compound and thereby interfering with the use and occupancy by another of the land or building; or (E) maliciously, recklessly, or knowingly, and without authority, entering into or obtaining control over any building, house trailer, motor vehicle, aircraft or watercraft or any part thereof of another person without his consent. LEGAL GUARDIAN shall include a foster parent, a person appointed guardian of a person or given custody of a minor by a Circuit Court of this State, but does not include a person appointed guardian only to the estate of a minor, or appointed guardian, or given custody of a minor under the Illinois Juvenile Court Act. MINOR shall include a person who is above the age of eleven (11) years, but not yet eighteen (18) years of age. PARENT shall include the lawful father and mother of a minor child whether by birth or adoption. PROPERTY shall include any real estate including improvements thereon and tangible personal property PARENTS AND GUARDIANS RESPONSIBLE FOR ACTS. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described herein with the knowledge and permission of the parent or guardian in violation of this Article upon the occurrence of the events described in (A), (B) and (C) below:

17 (A) An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property, or shall have incurred non-judicial sanctions from another official agency resulting from an admission of guilt of a violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property; and (B) Said parent or legal guardian shall have received a written notice thereof, either by certified mail, return receipt requested, or by personal service with a certificate of personal service returned from the City, following said adjudication or nonjudicial sanctions; and (C) If, at any time within one (1) year following receipt of notice set forth in paragraph (B) above, said minor is either adjudicated to be in violation of any ordinance, law, or statute as described in (A) above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law, or statute as described in (A) above.

18 ARTICLE VIII - OPEN BURNING DEFINITIONS. The following terms appearing in this Article shall have the definitions specified in this Section: GARBAGE means refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products. LANDSCAPE WASTE means any vegetable or plant refuse, except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, garden plants, and other unharvested garden refuse. OPEN BURNING means the combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Act (Environmental Protection Act, Illinois Compiled Statutes, Chapter 415, Section 5/9.1). REFUSE means any discarded matter; or any matter which is to be reduced in volume, or otherwise changed in chemical or physical properties, in order to facilitate its discard, removal or disposal BURNING. No person shall cause or allow open burning within the City limits except as provided herein ALLOWED BURNING. The following activities are not in violation of this Article unless they cause air pollution and are otherwise in violation of the City Code: (A) The open burning of leaves, brush and other landscape waste, but only: (1) On the premises on which such waste is generated; and (2) When atmospheric conditions will readily dissipate contaminants; and (3) After sunup and up to one-half (1/2) hour before sundown during the first seven (7) days of each and every month; and (Ord. No. 1482; ) (4) If such burning does not create a visibility hazard on roadways or railroad tracks. (B) The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official. (C) The burning of fuels for legitimate campfire, recreational, and cooking purposes, or in domestic fireplaces in areas where such burning is consistent with other laws, provided no garbage shall be burned in such cases.

19 (D) Small open flames for heating tar, for welding, acetylene torches, highway safety flares, and the like. (E) Open burning of any other kind or nature at any times specifically authorized by the City officials. (Ord. No. 1471; )